CYZ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This matter concerned an application by CYZ20 to set aside orders made by Judge Jarrett on 29 January 2021, which dismissed CYZ20's original application. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The dispute arose from CYZ20's failure to appear at the scheduled hearing, leading to the dismissal of his application.

The primary legal issue before the court was whether the discretion to set aside the previous orders should be exercised in favour of CYZ20. This required the court to consider the reasons provided by CYZ20 for his non-appearance, the adequacy of those reasons, and whether there was a reasonably arguable case to be presented if the matter were relisted. The court also had to weigh the interests of justice against the potential disruption and costs associated with setting aside existing orders.

The court considered CYZ20's explanation that he expected the court to contact him for the telephone hearing and that a friend, who was meant to assist him due to his literacy difficulties, was late. However, the court noted that the applicant had been notified of the hearing date and, crucially, had been advised by email that the hearing would proceed by telephone and that parties were required to dial in using provided details. The court found that CYZ20 had not demonstrated a reasonably arguable case that would likely lead to a different outcome than the original dismissal. The court concluded that the interests of justice did not require the setting aside of the orders, particularly given the lack of a different substantive argument and the administrative burden of relisting the matter.

Accordingly, the application to set aside the orders made on 29 January 2021 was dismissed. The first respondent was awarded costs fixed at $798.00.